But, in ordinary cases, the passengers’ relations proceed for themselves. The owner pays the whole amount for which he is liable into the Court of Chancery, and that Court distributes it among all who have claims—whether in respect of life or of property.
The real defects in the Act of 1854 are well pointed out by the Committee of 1860: viz., first, that the law does not apply to foreign ships on the high seas, whether plaintiffs or defendants; and, secondly, that “value of ship and freight” is a premium on bad ships. These defects, as I have already pointed out, were remedied by the Act of 1862.
[162] As to the laws of foreign countries, see Evidence before Committee of 1860; also correspondence in [Appendix, No. 3, pp. 571-82], and correspondence between Mr. Burns and the Board of Trade, Parl. Paper, No. 236, 19th May, 1871.
[163] The shipowners suggested that every passenger should set a value on himself before he embarked!!
[164] Report, 23 June, 1858.
[165] Sir William Jones.
Steering and Sailing Rules.
Art. 11. If two sailing vessels are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other.
Art. 12. When two sailing ships are crossing, so as to involve risk of collision, then, if they have the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the starboard side; except in the case, in which the ship with the wind on the port side is close-hauled and the other ship free, in which case, the latter ship shall keep out of the way; but, if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward.